Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to an arrest resulting in an acquittal are restricted by the Georgia Crime Information Center, unless the prosecuting attorney demonstrates to the trial court that the harm inflicted upon the individual is clearly outweighed by the public interest in the records being publicly available. Ga. Code Ann. § 35-3-37(h)(2)(E).	Records relating to a case that has been on the dead docket for more than 12 months can be restricted at the discretion of the court, unless an active warrant is pending for the petitioner. Ga. Code Ann. § 35-3-37(j)(3).	Records relating to a felony arrest that was dismissed, nolle prossed, or for which the petitioner was found not guilty but was convicted of a misdemeanor offense that was not a lesser included offense of the felony charge, can be restricted by the court within four years of the arrest. Ga. Code Ann. § 35-3-37(j)(1).	Records relating to an arrest that did not result in conviction occurring before July 1, 2013 can be restricted by the arresting law enforcement agency if the request meets the criteria set forth in section 35-3-37(j). Ga. Code Ann. § 35-3-37(n).	Records relating to arrest and court proceedings are expunged upon acquittal, declined prosecution, or expiration of the limitations period without an action being commenced. 8 GCA § 11.10.	Records relating to arrest and court proceedings can be expunged by the court following successful completion of drug treatment in a controlled substance case from 1995 through 2005, so long as the person has no other controlled substance conviction and no subsequent conviction involving violence. 9 GCA § 67.412(c)(1).	Records relating to delinquency proceedings will be sealed upon the person's turning 18, or 21 in matters where the court extended jurisdiction to age 21. 19 GCA § 5124(a).	Records relating to arrest and court proceedings are expunged following a pardon. 8 GCA § 11.10.	A record relating to a delinquency proceeding will be destroyed ten years after the filing of the proceeding. 19 GCA § 5124(c).	Records relating to arrest and court proceedings can be expunged by the court following dismissal pursuant to deferred adjudication in a first controlled substance possession case. 9 GCA § 67.412.	Records relating to an arrest that does not result in conviction can be expunged by the attorney general. Haw. Rev. Stat. § 831-3.2(a).	A record relating to a first conviction for driving a vehicle after consuming alcohol while under the age of 21 can be expunged by the court once the petitioner reaches 21, if the petitioner has had no subsequent alcohol or drug related law enforcement contacts. Haw. Rev. Stat. § 291E-64(e).	Records relating to specified first or second drug offense convictions can be expunged by the court following the successful completion of a drug treatment program and probation. Haw. Rev. Stat. § 706-622.5(4).	Records relating to prostitution and related convictions under sections 712-1200, 712-1206, or 712-1207 can be vacated by the court if there is no subsequent conviction within 3 years after the original conviction. Haw. Rev. Stat. § 712-1209.6(1).	Records related to a felony that did not result in conviction because of a voluntary plea of guilty or nolo contendere prior to trial, may be expunged upon application to the court, one year from the discharge. HRS § 853-1.	Records of a case dismissed after discharge and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853, can be expunged by the attorney general one year after discharge and dismissal. Haw. Rev. Stat. § 831-3.2(a)(5).	Records of a prostitution case dismissed following successful completion of pre-adjudication probation may be expunged by the attorney general three years after discharge and dismissal. Haw. Rev. Stat. § 712-1200(4)(c).	Records of a case dismissed after the successful completion of pre-adjudication probation for a first drug offense under section 712-1255 can be expunged by the court if the person was not over the age of 20 at the time of the offense. Haw. Rev. Stat. § 712-1256.	Upon application, records relating to a wrongful conviction are expunged by the attorney general immediately. HRS § 831-3.2.	A record relating to a juvenile arrest for a matter under family court jurisdiction can be expunged if the matter was not referred to the prosecuting attorney or the family court, and the person was not counseled and released by police. Haw. Rev. Stat. § 571-88(a).
Ineligible Category or Citation	See 35-3-37(i)(2) and (3) for information ineligible for restriction following acquittal.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	The request to restrict the record must comply with subsection (h). § 35-3-37(n)(2).	A felony offense involving violence may not be expunged. An offense requiring sex offender registration may not be expunged until the offender's name is removed from the registry. 8 GCA § 11.10.	This provision applies only to controlled substance offenses, except those involving methamphetamine. 9 GCA §§ 67.412(c)(1), 67.412.1..	There is no statutory language regarding ineligible offenses.	A felony offense involving violence may not be expunged. An offense requiring sex offender registration may not be expunged until the offender's name is removed from the registry. 8 GCA § 11.10.8 GCA § 11.10.	There is no statutory language regarding ineligible offenses.	This provision applies only to controlled substance possession, excluding methamphetamine. 9 GCA §§ 67.412, 67.412.1.	See Haw. Rev. Stat. § 831-3.2(a) for list of ineligibles. Persons acquitted by reason of mental disease or defect and those whose conviction was not obtained because they fled the jurisdiction are ineligible for expungement. Haw. Rev. Stat. § 831-3.2(a)..	See section 291E-64(b) and (e) f for eligibility.	See section 706-622.5(1) for offenses eligible for probation and substance abuse treatment.	See section 712-1209.6(1)section for offenses that are ineligible to be vacated.	See HRS § 831-3.2(a) for a list of ineligible offenses.	See section 853-4(a) for offenses ineligible for deferred adjudication.	See section 853-4(a) for ineligible offenses.	See sections 712-1255(1) and 712-1256(1) for offenses eligible for deferral.	See HRS § 831-3.2(a) for list of ineligible offenses.	See Haw. Rev. Stat. § 571-88(a) for ineligible offenses.
Clearance Process	Automatic	Petition-based	Petition-based	By petition or court's own motion	Automatic	Petition-based	Automatic	Automatic	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based
Waiting Periods	The record is restricted 10 days after acquittal.	The record is restricted if it has been on the dead docket for 12 months.	The petition must be filed within four years of the arrest.	The written request can be submitted at any time.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	The records are sealed at age 18, or 21 if the court's jurisdiction over that person was extended to age 21.	There is no statutory language regarding a waiting period.	The record is destroyed 10 years after the filing of any juvenile proceeding.	There is no statutory language regarding a waiting period.	The written request can be submitted at any time.	The petition can be filed after petitioner reaches the age of 21.	The petition can be filed any time after the successful completion of treatment.	There is a three-year waiting period.	There is a 1-year waiting period.	The petition can be filed one year after discharge and dismissal.	The petition can be filed three years after discharge and dismissal.	The petition can be filed at any time after discharge and dismissal.	There is no waiting period.	The written request can be filed at any time.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	See HRS § 853-1(b) for language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language about fees.	There is no statutory language regarding fees.
Effect	Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k).	Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k).	Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6).	Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k).	Records are sealed to all persons outside of the law enforcement agencies of Guam and federal agencies entitled to examine them. Such agencies refuse to admit the existence of such records to persons not entitled to examine them. 8 GCA § 11.11.	The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. 9 GCA § 67.412(b).	Any person whose record has been sealed may deny the delinquency proceedings on any official form, document, or application for public or private employment. 19 GCA § 5124(a). It is unlawful for any person to require, or to inquire into, as a condition of employment, continued employment, or promotion, any information with respect to whether or not any person has been the subject of juvenile delinquency proceedings. 19 GCA § 5124(d).	Records are sealed to all persons outside of the law enforcement agencies of Guam and federal agencies entitled to examine the records. Such agencies refuse to admit the existence of such records to persons not entitled to examine them. 8 GCA § 11.11.	The records are destroyed. 19 GCA Section 5124(c).	The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. 9 GCA § 67.412(b).	The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that they have no record regarding the specific arrest, whether or not under oath. Haw. Rev. Stat. §§ 831-3.2(b)-(e).	There is no statutory language regarding effect.	There is no statutory language regarding effect.	The conviction is vacated. Haw. Rev. Stat. § 712-1209.6(2).	The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that he or she has no record regarding the specific arrest, whether or not under oath. HRS § 831-3.2	The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that they have no record regarding the specific arrest, whether or not under oath. Haw. Rev. Stat. §§ 831-3.2(b)-(e).	The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that they have no record regarding the specific arrest, whether or not under oath. Haw. Rev. Stat. §§ 831-3.2(b)-(e).	The petitioner is restored to the status occupied before arrest or indictment. They do not need to acknowledge the arrest or case. Haw. Rev. Stat. §§ 712-1256 (3), (4).	The petitioner is treated as not having been arrested and law enforcement records are made confidential. The expungement certificate authorizes the petitioner to say that he or she has no record regarding the specific arrest, whether or not under oath. HRS § 831-3.2(b)-(e).	Upon the entry of an expungement order, the person can respond to any question or inquiry, whether or not under oath, that they have no record regarding the specific arrest that was expunged. Haw. Rev. Stat. § 571-88(c)(2)(A). "Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. Haw. Rev. Stat. § 571-88(e).
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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.